W.Va. R. Crim. P. 3

As amended through January 31, 2024
Rule 3 - The complaint

The complaint is a written statement of the essential facts constituting the offense charged. The complaint shall be presented to and sworn or affirmed before a magistrate in the county where the offense is alleged to have occurred. Unless otherwise provided by statute, the presentation and oath or affirmation shall be made by a prosecuting attorney or a law enforcement officer showing reason to have reliable information and belief. If from the facts stated in the complaint the magistrate finds probable cause, the complaint becomes the charging instrument initiating a criminal proceeding.

W.Va. R. Crim. P. 3

Effective 10/1/1981; amended effective 9/1/1995.